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第18节

criminal psychology-第18节

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ial blushing'' (better; ‘‘mechanically developed blushing''); and narrates the case of ‘‘easily…irritated women who could develop a blush with the least touch of friction; e。 g。; of the face on a pillow; rubbing with the hand; etc。; and this blush could not be distinguished from the ordinary blush。'' We may easily consider that such lightly irritable women may be accused; come before the court without being recognized as such; and; for example; cover their faces with their hands and blush。 Then the thing might be called ‘‘evidential。''


Section 12。 (b) General Signs of Character。


Friedrich Gerstcker; in one of his most delightful moods; says somewhere that the best characteristicon of a man is how he wears his hat。 If he wears it perpendicular; he is honest; pedantic and boresome。 If he wears it tipped slightly; he belongs to the best and most interesting people; is nimble…witted and pleasant。 A deeply tipped hat indicates frivolity and obstinate imperious nature。 A hat worn on the back of the head signifies improvidence; easiness; conceit; sensuality and extravagance; the farther back the more dangerous is the position of the wearer。 The man who presses his hat against his temples complains; is melancholy; and in a bad way。 It is now many years since I have read this exposition by the much… traveled and experienced author; and I have thought countless times how right he was; but also; how there may be numberless similar

'1' L。 Meyer: ber knstliches Errten。 Westphals。 Archiv; IV。

 marks of recognition which show as much as the manner of wearing a hat。 There are plenty of similar expositions to be known; one man seeks to recognize the nature of others by their manner of wearing and using shoes; the other by the manipulation of an umbrella; and the prudent mother advises her son how the candidate for bride behaves toward a groom lying on the floor; or how she eats cheesethe extravagant one cuts the rind away thick; the miserly one eats the rind; the right one cuts the rind away thin and carefully。 Many people judge families; hotel guests; and inhabitants of a city; and not without reason; according to the comfort and cleanliness of their privies。

Lazarus has rightly called to mind what is told by the pious Chr。 von Schmidt; concerning the clever boy who lies under a tree and recognizes the condition of every passer…by according to what he says。 ‘‘What fine lumber;''‘‘Good…morning; carpenter;'' ‘‘What magnificent bark;''Good…morning; tanner;''‘‘What beautiful branches;''‘‘Good…morning; painter。'' This significant story shows us how easy it is with a little observation to perceive things that might otherwise have been hidden。 With what subtle clearness it shows how effective is the egoism which makes each man first of all; and in most cases exclusively; perceive what most concerns him as most prominent! And in addition men so eagerly and often present us the chance for the deepest insight into their souls that we need only to open our eyesseeing and interpreting is so childishly easy! Each one of us experiences almost daily the most instructive things; e。 g。 through the window of my study I could look into a great garden in which a house was being built; when the carpenters left in the evening they put two blocks at the entrance and put a board on them crosswise。 Later there came each evening a gang of youngsters who found in this place a welcome playground。 That obstruction which they had to pass gave me an opportunity to notice the expression of their characters。 One ran quickly and jumped easily over;that one will progress easily and quickly in his life。 Another approached carefully; climbed slowly up the board and as cautiously descended on the other side careful; thoughtful; and certain。 The third climbed up and jumped downa deed purposeless; incidental; uninforming。 The fourth ran energetically to the obstruction; then stopped and crawled boldly underneathdisgusting boy who nevertheless will have carried his job ahead。 Then; again; there came a fifth who jumped; but too low; remained hanging and tumbled; he got up; rubbed his  knee; went back; ran again and came over magnificentlyand how magnificently will he achieve all things in life; for he has will; fearlessness; and courageous endurance!he can't sink。 Finally a sixth came storming alongone step; and board and blocks fell together crashing; but he proudly ran over the obstruction; and those who came behind him made use of the open way。 He is of the people who go through life as path…finders; we get our great men from among such。

Well; all this is just a game; and no one would dare to draw conclusions concerning our so serious work from such observations merely。 But they can have a corroborative value if they are well done; when large numbers; and not an isolated few; are brought together; and when appropriate analogies are brought from appropriate cases。 Such studies; which have to be sought in the daily life itself; permit easy development; if observations have been clearly made; correctly apprehended; and if; especially; the proper notions have been drawn from them; they are easily to be observed; stick in the memory; and come willingly at the right moment。 But they must then serve only as indices; they must only suggest: ‘‘perhaps the case is the same to…day。'' And that means a good deal; a point of view for the taking of evidence is established; not; of course; proof as such; or a bit of evidence; but a way of receiving it;perhaps a false one。 But if one proceeds carefully along this way; it shows its falseness immediately; and another presented by memory shows us another way that is perhaps correct。

The most important thing in this matter is to get a general view of the human specimenand incidentally; nobody needs more to do this than the criminalist。 For most of us the person before us is only ‘‘A; suspected of _x_。'' But our man is rather more than that; and especially he was rather more before he became ‘‘A suspected of _x_。'' Hence; the greatest mistake; and; unfortunately; the commonest; committed by the judge; is his failure to discuss with the prisoner his more or less necessary earlier life。 Is it not known that every deed is an outcome of the total character of the doer? Is it not considered that deed and character are correlative concepts; and that the character by means of which the deed is to be established cannot be inferred from the deed alone? ‘‘Crime is the product of the physiologically grounded psyche of the criminal and his environing external conditions。'' (Liszt)。 Each particular deed is thinkable only when a determinate character of the doer is brought in relation with ita certain character predisposes to  determinate deeds; another character makes them unthinkable and unrelatable with this or that person。 But who thinks to know the character of a man without knowing his view of the world; and who talks of their world…views with his criminals? ‘‘Whoever wants to learn to know men;'' says Hippel;'1' ‘‘must judge them according to their wishes;'' and it is the opinion of Struve:'2' ‘‘A man's belief indicates his purpose。'' But who of us asks his criminals about their wishes and beliefs?

If we grant the correctness of what we have said we gain the conviction that we can proceed with approximate certainty and conscientiousness only if we speak with the criminal; not alone concerning the deed immediately in question; but also searchingly concerning the important conditions of his inner life。 So we may as far as possible see clearly what he is according to general notions and his particular relationships。

The same thing must also be done with regard to an important witness; especially when much depends upon his way of judging; of experiencing; of feeling; and of thinking; and when it is impossible to discover these things otherwise。 Of course such analyses are often tiring and without result; but that; on the other hand; they lay open with few words whole broadsides of physical conditions; so that we need no longer doubt; is also a matter of course。 Who wants to leave unused a formula of Schopenhauer's: ‘‘We discover what we are through what we do?'' Nothing is easier than to discover from some person important to us what he does; even though the discovery develops merely as a simple conversation about what he has done until now and what he did lately。 And up to date we have gotten at such courses of life only in the great cases; in cases of murder or important political criminals; and then only at externals; we have cared little about the essential deeds; the smaller forms of activity which are always the significant ones。 Suppose we allow some man to speak about others; no matter whom; on condition that he must know them well。 He judges their deeds; praises and condemns them; and thinks that he is talking about them but is really talking about himself alone; for in each judgment of the others he aims to justify and enhance himself; the things he praises he does; what he finds fault with; he does not; or at least he wishes people to believe that he does the former and avoids the

'1' Th。 G。 von Hippel: Lebenlsufe nach aufsteigender Linie。 Ed。 v Oettingen。 Leipzig 1880

'2' G。 Struve: Das Se

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